Topic: Summary Judgment in Business Litigation
When signing up for commercial or business litigation, most parties expect to either settle out of
court of go to trial. Nonetheless, in some situations, the trial is cut short before trial since one of
the parties files a motion for summary judgment and the judge grants the motion.
A summary judgment in business litigation entails two basic aspects at any trial; the law and
facts. The facts entail the parties, issues, time, place and reason of the trial. For instance, a jury or
judge may be asked to determine the party that breached a certain contract, the date of breach,
jurisdiction of the said breach and the reason for breach. Upon determination of the facts, the
judge applies the relevant law. Upon determination of the facts, the judge applies the law. Some
of the legal questions pertain the validity of the contract and justification for breach.

Summary judgment is also key in business litigation
Some of the facts may be disputed. Parties can also dispute the applicable laws and how they
should be applied to the matter at hand.

A summary judgment under business litigation also entails a claim that there lacks a genuine
dispute in a case. Basically, the movant contends that there is no need for trial since the parties
agree to the facts hence no disputed facts. Also, considering the facts, the other party is not
capable of winning the said case. The motion is file at the preliminary stages of trial in an effort
to avert unnecessary litigation.

Parties should consider summary judgment before going to trial
How a Motion for Summary Judgment is Decided
How the judge decides a motion for summary judgment based on business litigation is accepting,
for the sake of argument, the non-movant statement of facts. For instance, if the defense files a
motion for summary judgment against the plaintiff for breaching a business contract. The

plaintiff then claims that their contract was oral and entailed the purchase of mineral right on the
property of the plaintiff, however, the defendant failed to maintain his end of the bargain.

Summary judgment is issued by court before trial
On the other hand, the defendant’s motion for summary judgment claims that the plaintiff case
has no merit. In issuing a ruling, the judge assumed that all the plaintiff’s claims are true. In
such an instance, the motion of summary judgment of the defendant could be granted. This is
since transfer of real property, mineral rights included, should be in writing to be valid. Thus,
despite the possibility of the plaintiff telling the truth regarding the rights, the contract is
unenforceable. XXXX

How Summary Judgment Helps Business Litigation Parties
A summary judgment is efficient to business litigation parties in various ways. They include;
I. Saving on costs and time. Going to trial is expensive and takes a lot of time owing to
the backlog of cases in court. Summary judgment could significantly decrease the
costs linked with lengthy trials which include court fees, attorney fees and discovery
costs. Such savings come in handy for those that lack resources to endure lengthy
II. Efficiency. Through elimination of trial when there are no facts in dispute, summary
judgment promotes judicial efficiency. The preceding permits the court to channel
their resources to cases where trial is needed to resolve the dispute.
III. Reduction of emotional stress. Litigation could be emotionally draining to the parties
in business litigation. A summary judgment is thus recommended to spare the parties
the uncertainty and stress that comes with a full trial.
IV. Finality. A summary judgment provides a certain legal decision granting parties
closure without the requirement for the speculation and longevity that comes with


Just like many other cases, business litigation can be brought to an end expeditiously by resorting
to summary judgment. This saves the parties involved the costs and time that results from a trial.
It also promotes judicial efficiency and saves court resources hence highly recommended.

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )